TERMINATION OF EMPLOYMENT – minimum employment period – Small Business Fair Dismissal Code – ss.388, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as hairdresser on 1 June 2011 by Queen Street Palladeum Trust (Palladeum) – business sold to respondent on 30 June 2015 – applicant commenced working with respondent on 1 July 2015 – dismissed for misconduct regarding ‘rent-a-chair’ arrangements and not paying for use of salon products – respondent raised two jurisdictional objections – it was a small business and dismissal consistent with Small Business Fair Dismissal Code (Code) – minimum employment period not met as applicant a transferring employee notified for purpose of s.384(2)(b) of FW Act in sale agreement – applicant submitted her prior service with Palladeum formed part of service with respondent as notification that the period of service with Palladeum would not be recognised not provided under s.384(2)(b) of FW Act – dismissal inconsistent with Code – Commission found applicant a transferring employee – found business sale agreement did not inform applicant that prior service would not be recognised so applicant had met minimum employment period – termination letter indicated dismissal with immediate effect as a result of respondent’s belief applicant engaged in serious misconduct – two step test [Pinawin] – no evidence of serious misconduct – belief not on reasonable grounds – no valid reason for dismissal – found dismissal harsh, unjust and unreasonable – reinstatement not appropriate – ordered compensation of $4007.70, taxed accordingly. Wheare v Houndstooth P/L t/a The Palladeum Hair
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